Sudhir Chaudhary @ Sudhir Sahni v. The State of Bihar
CR. MISC./18023/2025 · 2025-04-15
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25261 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25261 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18023 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sudhir Chaudhary @ Sudhir Sahni Son of Late Raj Kumar Chaudhary @ Raj Kumar Sahni Resident of village- Hathiyahi, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 47 of 2024 instituted for the offences punishable under Sections 272, 273, 328, 308/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 100 litres of chulai liquor has been recovered behind the bathan of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.18023 of 2025(2) dt.15-04-2025 2/2 behind the bathan of the petitioner which is an open place accessible to local people. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 16.11.2024 and has nine criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra Kothi P.S. Case No. 47 of 2024.
Alok Verma/- (Rudra Prakash Mishra, J) U T